My H1B status expires next month, and I just filed my I-485. Can I stay in the U.S. based on the pending I-485, or do I need to extend my H1B status?

Answer

An individual who has a properly filed I-485 may remain in the U.S. based upon that filing. This is considered a “period of authorized stay.” There is no requirement that the H1B status be extended, but it is often advisable to do so to provide a back-up option in case any problems arise with the I-485. If relying on the I-485, it is important to request EAD/AP. (23.Nov.2015)

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